Luminex xPONENT 3.1 User Manual
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8.
NO WARRANTY. THE SOFTWARE IS LICENSED “AS IS.” ANY USE OF THE SOFTWARE IS AT
YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE ONLY WITH LUMINEX PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMINEX AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL LUMINEX OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LUMINEX HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. MISCELLANEOUS. This EULA is governed by the laws of the State of Texas, U.S.A., without
reference to conflicts of laws principles. You shall not assign or sublicense or otherwise transfer the
rights or license granted hereunder, by agreement or by operation of law, without the prior written
consent of Luminex, and all assignments in violation of this prohibition shall be null and void. This
EULA is the complete and exclusive agreement of Luminex and you and supersedes all other
communications, oral or written, relating to the subject matter hereof. No change to this EULA shall be
valid unless in writing and signed by the party against whom enforcement is sought. The waiver or
failure of Luminex or you to exercise in any respect any right or rights provided for herein shall not be
deemed a waiver of any further right hereunder. If any provision of this EULA is held unenforceable,
the remainder of this EULA will continue in full force and effect.